Case 2302078/2020 · Employment Tribunal
Miss D Mare v Datto Europe Ltd & Mr D Moore — 2021
- Case reference
- 2302078/2020
- Decision date
- 11 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tsamados Date
Parties
2 namedClaimant
Miss D Mare
Respondent
Key findings
Tribunal's reasoningThe tribunal considered the claimant’s unfair dismissal complaint against Datto Europe Ltd. It found that she had been employed for less than two years, and therefore did not satisfy the service requirement in section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim.
Because that statutory requirement was not met, the tribunal concluded that the complaint could not proceed. It also recorded that the claimant had been given an opportunity to explain why the complaint should not be struck out, but she did not provide an acceptable reason.
The judgment therefore struck out the unfair dismissal complaint against the first respondent. It stated that the claimant’s other complaints were not affected by this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint against the first respondent was struck out because the claimant had less than two years' service, so she was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. The tribunal also noted that she did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- section 108 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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